TÜRKIYE Law and Practice Contributed by: Faruk Aktay, Ayşe Müge Aktay and İrina Gül Coşkun, Aktay Law Firm
with the trial court, and the court rules on the request after hearing any objections from the parties. In addition, principal intervention ( asli müdahale ) allows a third party to assert an independent right to the subject matter of the dispute by applying to the same court. In such cases, the underlying pro- ceedings are suspended until the intervention claim is resolved. While intervenors participate in the litigation, they do not become full parties to the original action unless their independent claim is accepted. 4.5 Applications for Security for Defendant’s Costs Under Article 84 of the CPC, a defendant may request that the plaintiff provide security for potential costs. Security may be ordered where the plaintiff does not have domicile or habitual residence in Türkiye, is a foreign national, or where there are objective indica- tions of insolvency such as bankruptcy, concordat or restructuring proceedings. The same requirement applies to intervenors acting alongside the plaintiff. The defendant must submit a written application stating the grounds for security. The court assesses whether the statutory conditions are met and, if so, orders the plaintiff to deposit security within a defi- nite period. If the plaintiff fails to comply, the action is dismissed without prejudice. Security for costs is thus a procedural safeguard available to defendants in circumstances expressly provided by law. 4.6 Costs of Interim Applications/Motions The costs of interim applications are generally treated as part of the overall litigation costs and are ultimately allocated according to the outcome of the main pro- ceedings. At the interim stage, the applicant must pay the relevant fees and disbursements – such as notification expenses, expert fees, or security where required – when making the application. If the interim request is rejected, the applicant may be ordered to bear the expenses associated with that application, although final cost allocation is determined with the judgment on the merits. Interim applications typically involve urgent matters requiring resolution before the evidentiary phase, and the pro-
cedural rules governing them follow the general cost principles of the CPC. 4.7 Application/Motion Timeframe The timeframe for a court to decide an application or motion depends on the nature and urgency of the request. Routine procedural applications are generally addressed at the next scheduled hearing or within the court’s ordinary workflow. By contrast, interim meas- ures – such as precautionary injunctions, precaution- ary attachment, or the determination of evidence – may be handled on an expedited basis. A party may request urgent consideration by dem- onstrating that delay would cause irreparable harm, jeopardise the enforceability of a future judgment, or risk the loss of critical evidence. In such circumstanc- es, courts may issue orders swiftly, and in some cases without first hearing the opposing party. Non-urgent applications, however, are determined in the ordinary course and may take longer depending on the court’s docket. Turkish civil procedure does not recognise discovery in the common-law sense. Evidence is primarily pro- duced by the parties, who must identify in their plead- ings the documents, witnesses and other evidence on which they rely. The court may, however, order a party or a third person to produce specific documents under Articles 219–226 of the CPC. If a party unjustifiably refuses, the court may accept the opposing party’s assertions regarding the document’s contents. Witness testimony is taken by the court in accord- ance with CPC Articles 240–265, and expert examina- tion is frequently used in matters requiring technical expertise. Where there is a risk that evidence may be lost or become difficult to obtain, the court may order the determination or preservation of evidence ( delil tespiti ). 5. Discovery 5.1 Discovery and Civil Cases The evidence process is administered and controlled by the court, which may exclude irrelevant or unnec- essary evidence and ensure procedural economy.
1153 CHAMBERS.COM
Powered by FlippingBook